A knowledgeable Probate Attorney will provide a wide range of services. This can include locating and assessing estate assets, understanding and paying debts and more.
They can also help with service of process, ensuring that all interested parties are properly notified. This will help ensure that probate proceedings are conducted correctly and efficiently. Contact Koestner & Shahon for professional help.
Probate attorneys provide valuable legal advice throughout the entire estate settlement process. This may include advising on what property and assets can be included in the estate, helping to determine who the beneficiaries are and their interests, and identifying any debts to pay. In addition, they can help resolve any disputes between the executor and/or beneficiaries of an estate. They can also advise on the tax consequences of various scenarios.
When choosing a probate attorney, you should consider their experience, knowledge of the law, comfort level with explaining complex legal matters in an easy-to-understand way, and responsiveness to your questions and concerns. You may also want to check with local bar associations for disciplinary actions, and use lawyer referral services these organizations offer as an additional resource.
Although it is possible to handle a small estate without the assistance of a lawyer, doing so will be challenging and time-consuming. It is also likely that important tasks will be overlooked, which can lead to significant costs in the long run. A probate lawyer can save you time and money by anticipating each step of the process, preventing errors, and providing timely guidance when needed.
A lawyer’s services will vary depending on the size of the estate, complexity of the estate, and the extent to which litigation is necessary. Some firms provide what is known as a full-service representation model, where they take on all of the tasks required to close the estate. Other firms offer what is known as unbundled services, where the client chooses what they would like the lawyer to take care of. It is advisable to discuss these options with your lawyer, so that you can decide together on what should be done and what shouldn’t.
Litigation services may be necessary for a variety of reasons, including contested wills, contested administration, relief against fiduciary, and spousal elective share disputes. These services are often expensive and can deplete the estate’s liquid assets. Probate lawyers can assist in these disputes by preparing appropriate legal documents, attending court hearings, and/or filing petitions with the court on behalf of the estate.
Document Preparation
The passing of a loved one is an emotionally challenging time for friends and family. In addition to dealing with grief and sadness, there are legal concerns that must be addressed. Handling the deceased’s estate, inheritance, and assets can be complicated and confusing, especially for those unfamiliar with the process. A probate attorney can help guide the process, ensure that it is completed correctly, and minimize the risk of disputes.
When choosing a probate attorney, you should ask about their experience with this type of case. While other types of attorneys may also be able to take on probate matters, they might not have as much experience in the field. Also, each judge and county has its own set of rules and ways of doing things that can impact the success of a case. Find an attorney that is familiar with your local court system to help ensure the best outcome for your case.
During the selection process, you should also ask your prospective attorney how long they anticipate it will take to complete your case. This will give you an idea of how experienced they are and can serve as a good indicator of how well they are likely to do the work.
Finally, you should also ask your prospective attorney how they charge for their services. They may charge by the hour, or they might have a flat fee for all cases. Depending on your situation, it’s important to choose an attorney that charges a fair rate so you can trust them to complete the work in a timely manner.
Aside from preparing court-approved forms, some probate attorneys offer document preparation services to their clients. This includes arranging and repairing documents, purging documents that do not require filming, removing fasteners, stamping/coding, inserting targets, etc. This helps to make it easier for clients to file and retrieve their documents without the need to visit the courthouse in person.
A reputable probate attorney will be familiar with the local rules and procedures of the courts in their area. This will make them better equipped to handle a variety of issues that can arise during the course of an estate administration. This is an important consideration because a probate dispute can be costly and time-consuming for everyone involved.
Executor Responsibilities
Generally speaking, the executor is responsible for carrying out all of the stipulations in a will and making sure that any outstanding debts and taxes are paid. In addition, the estate assets must be carefully disbursed to the appropriate beneficiaries. This can be a very complicated process. An experienced probate attorney is essential to help make sure that all legal obligations are met.
One of the executor responsibilities is to take an inventory and value all of the estate’s property so that it can be distributed according to the will. This may require a professional appraiser, especially if the estate is substantial in size. Another responsibility is to make sure that all creditors are notified of the death and provided with copies of the death certificate. This can include credit card companies, banks, life insurance companies and even the Social Security Administration. This can be a very important step in preventing fraudulent use of the deceased’s information.
As an executor, you should also keep track of all expenses incurred on behalf of the estate. This includes any fees that may be required to probate the estate, as well as the cost of preparing and filing taxes for the estate. You will also be required to manage the day-to-day activities of the estate until the assets are sold or distributed. This will involve paying bills, maintaining insurance policies and general upkeep of the property.
Finally, you must work with the probate attorney to make any necessary filings for the estate, including an annual tax return and final estate tax return. If the estate is substantial in size, you may need to enlist the services of an accountant.
It’s important to remember that as an executor, you can choose not to accept the role if you don’t think you’re capable of handling it. The good news is that there are alternate or contingent executors named in the will or by the Surrogate’s Court that can assume the responsibilities.
Taxes
Probate attorneys help with estate taxes, filing tax returns and paying any debts. They may also handle the closing of bank accounts and security boxes, obtaining appraisals for jewelry or real property and selling or distributing assets. The attorney may also have the responsibility of locating and establishing heirship for unmarried people or minor children. They also help settle any legal disputes among beneficiaries, including kinship hearings and contested wills and accountings.
They may also be responsible for negotiating and settling claims against the estate, such as contested burial expenses or life insurance policies that pay benefits to a beneficiary upon the death of an insured person. In some states, the lawyer can also collect fees from the estate for their services. These fees are typically based on the value of the estate or hourly.
In the case of an insolvent estate, the probate attorney is responsible for determining if there are enough assets in the estate to cover the estate’s debts and if there are any taxes that need to be paid. This may involve the filing of a federal or state tax return. In some cases, the estate may be required to pay a family allowance or an award for living expenses to surviving spouses and minor children. The family allowances are addressed in the state probate laws and are based on specific dollar amounts.
A probate lawyer can help an executor complete their tasks or take over completely, handling everything from contacting beneficiaries to creating an inventory of assets. They can also assist with the retitling of assets. In addition, they can help the executor determine if a bond is needed and, if so, file the appropriate paperwork.
It is important to understand what your attorney does and doesn’t do before hiring one. There are a variety of factors that affect the choice, including how comfortable you are navigating probate, your state’s laws and how complex or extensive the estate is. In general, a probate attorney can provide peace of mind by helping you navigate a complicated process. However, it is important to remember that a probate attorney does not take the place of an estate planning lawyer.
